Former state Senate Majority Leader Joseph Bruno is expected to face a second federal trial after an appeals court on Tuesday rejected his claim of double jeopardy.

Bruno, R-Brunswick, Rensselaer County, was convicted in 2009 of two counts of mail fraud, but the conviction was overturned after the U.S. Supreme Court threw out a portion of the “theft of honest services” statute Bruno was charged under. Federal prosecutors, however, were allowed to file a superseding indictment against Bruno if they could prove a quid pro quo took place when he took $440,000 in consulting payments and $80,000 for a worthless horse from an Albany-area business man.